why are they doimg this

Submitted by rdelmarra on Fri, 03/05/2010 - 08:17
Forums

my husband got served by the lawyers for a 3rd party company called midland funding where i was listed a jane doe so when we answered i added mysef cause were maried but i was never served but i am aware that Az is a community property state so we sent the answer with return recipt and it says the lawyers office got it on the march 2nd now today march 5th they sent just myself a letter asking me to ask them with in 30days for validation but i dont see why if i already added my self t the case so wouldnt they have to wait for court?

In the answer we asked for validation so why are they asking just myself for it by letter and now say they are not acting as lawyers but as a collector and they are also asking me to contact them by phone to discuss the matter ,why if i already aswered?

when we answered the summons it was 13 days so 7 days before the 20 given to respond but only cause i was looking up how to answer seeing as this is a first for us, anyhow why did they send me a letter in reguards to the case they put against us but just to me not my husband the person they are supposedly collecting from ?

we are in Arizona if that helps any
also aside from this the server threatened us with the police the day he served my husband cause he didnt want to give the server my name so he said hes have a circus of police at my house can i sue for this or file a counter even though ive already answered?

They can sue you in a community property state.

They can't put this on your credit report though.

what is this debt
what is the dofd?

Fri, 03/05/2010 - 11:09 Permalink

Hi,

If you need to know the details of the debt, you can get it from the court itself. As a case has been filed at the court, the court will have the details of the debt. So, you can visit the court where the case has been filed and request the court clerk to provide you with the details.

You can also consult an attorney regarding this. If they have threatened you, then they are under the violation of Fair Debt Collection Practices Act. Thus, you can sue them.

Hope this helps.

Regards,

Aaron

Fri, 03/05/2010 - 11:30 Permalink

I already went to the court house added my self to the case since they are sueing my husband and jane doe so I added my self filed our answer under answering for community .

Now they sent me a letter basicly asking me to ask them for validation with in 30 days and they says at this time we are acting as a debt collector not as lawyers please contact us by phone. But for what or why I just don't under stand why send me a letter after I went to the court house to give our answer why have me ask you for validity?

Fri, 03/05/2010 - 18:47 Permalink

What kind of lawyer do I need to look for?
And why are they asking me to call them?

Fri, 03/05/2010 - 18:54 Permalink

Hi rdelmarra,

You can contact a lawyer who deals with summons. As for your second question, you can call the company and ask what is the reason for asking you to call them. However, beware of getting into any agreements. First, get everything in writing, then only can you agree to any settlements, if they want you to.

Hope this helps.

Regards,

Aaron

Tue, 03/09/2010 - 12:05 Permalink
DefendASummons (not verified)

"Your guide helped get the suit against me dismissed. I went to court and just like you said the attorney on the other side asked me to speak in the hallway. He told me I was going to lose my case if I went back into the court to defend myself. He pulled out a settlement agreement and asked for my signature. He laughed at me when I said no. 5 minutes later, the judge not only dismissed my case, she commended me on my paperwork. Thank you!"
-Tony, TX
Visit DefendASummons.com

Tue, 06/14/2011 - 02:23 Permalink